An In-Depth Look at the First Depo-Provera Brain Tumor Lawsuit

The Depo-Provera Lawsuit Is An Active Lawsuit

See If You Qualify!

On October 1, 2024, Kristina Schmidt filed a federal Depo-Provera lawsuit because she developed a benign brain tumor—an intracranial meningioma—after using Depo-Provera injections. She is suing Pfizer Inc., Viatris Inc., Greenstone LLC, Prasco Labs., and Pharmacia & Upjohn for not warning consumers like her about the risks of taking Depo-Provera (medroxyprogesterone acetate).  In her complaint, she requests compensation for her losses, which include medical expenses and pain and suffering from having to have brain surgery.

Woman Files Depo-Provera Lawsuit for Her Brain Tumor

After discovering that her injectable birth control caused an intracranial meningioma, Kristina Schmidt filed a lawsuit against the companies that designed, manufactured, and sold Depo-Provera. After doing independent research and consulting medical professionals, she discovered that her injectable contraceptive was the likely cause of her brain tumor and other side effects. The pharmaceutical companies that sell medroxyprogesterone acetate in the United States do not warn patients about the increased risk of meningiomas, despite the drug’s prescribing information being revised in June of 2024. Drug pamphlets in Europe, warn women about the increased likelihood that they’ll get a brain tumor from Depo-Provera.. Kristina filed this lawsuit against several pharmaceutical companies to recover compensation for her injuries.

Table of Contents:

The Legal Specifics of the First Depo-Provera Brain Tumor Lawsuit

Kristina Schmidt filed her Depo-Provera civil lawsuit on October 1, 2024, in the United States District Court in the Northern District of California. The case number is 3:24-cv-6875. Kristina is the plaintiff (the injured person). The defendants—the companies that she’s suing—are Pfizer Inc., Viatris Inc., Greenstone LLC, Prasco Labs., and Pharmacia & Upjohn. Schmidt is asking these companies to pay compensation to her because she developed a brain tumor caused by Depo-Provera and had to have brain surgery to remove it.

What Injuries Did Schmidt Experience?

Kristina got Depo-Provera birth-control shots for 17 years. During that time, she struggled with terrible dizziness, vertigo, and headaches, which impacted her quality of life.

After many years, Kristina found a doctor who identified the source of her issues: an intracranial meningioma, a type of brain tumor. This tumor has progesterone receptors and tends to develop and grow when exposed to high levels of progesterone. Depo-Provera artificially raises the progesterone level in a woman’s body. Recent studies reveal that women who take Depo-Provera may be 5.55 times more likely to develop a brain tumor.

Schmidt had a right craniotomy—brain surgery—so doctors could reach and remove the tumor and the affected tissue. The average recovery time for a craniotomy is six to eight weeks, according to the Cleveland Clinic, it can take more or less time to heal. Kristina missed months of work and had to manage pain, discomfort, and the emotional impact of having this surgery.

A Timeline of the Plaintiff’s Depo-Provera Use and Her Intracranial Meningioma

According to her lawsuit, Kristina started taking Depo-Provera in 2005 when she was 20 years old and continued receiving injections until 2021. She got about 64 birth control shots during that time. These shots included the brand name drug, Depo-Provera, and the authorized generic that Greenstone and Pfizer make.

During the 17 years of taking Depo-Provera, Kristina developed severe headaches, vertigo, and dizziness. She saw multiple doctors to determine the cause; however, it wasn’t until June 2022 that a physician found an intracranial meningioma. Because of the location of the tumor and the symptoms it was causing, doctors performed a craniotomy to remove it.

Why Was Schmidt’s Intracranial Meningioma Dangerous

Intracranial meningiomas caused by birth control commonly form behind the eyes and close to the bottom of the skull. This location puts them extremely close to the brain and spinal cord. As the tumor forms and grows, it can push on these delicate structures, possibly leading to seizures, mood disorders, difficulty speaking, blindness, and even death.

About 80 percent of these tumors are rated as typical or benign (are not cancer), and about 17 percent tend to be unusual in size or shape but are not cancerous.

Medical Studies that Support Schmidt’s Injuries Were Caused By Depo-Provera

In “Use of progestogens and the risk of intracranial meningioma: national case-control study,” researchers discovered that women exposed to injectable medroxyprogesterone acetate—e.g., Depo-Provera—were 5.55 times more likely to develop an intracranial meningioma. The researchers—Noémie Roland, Anke Neumann, Léa Hoisnard, Lise Duranteau, Sébastien Froelich, Mahmoud Zureik, and Alain Weill—also found that the risk was highest for women who took the contraceptive shot for over 1 year.

The “Risk of intracranial meningioma with three potent progestogens: A population-based case-control study” showed that a woman’s risk of getting an intracranial meningioma increased once she had been taking progesterone for at least one year. The authors of this study were Léa Hoisnard, Moussa Laanani, Thibault Passeri, Lise Duranteau, Joël Coste, Mahmoud Zureik, Sébastien Froelich, and Alain Weill.

Both of these studies point to a possible connection between medications that increase the amount of progesterone in a woman’s body and her likelihood of developing meningiomas.

Who Are the Defendants in the Depo-Provera Brain Tumor Lawsuit?

In her lawsuit against Depo-Provera manufacturers, Kristina Schmidt is suing the following companies:

• Pfizer Inc.
• Viatris Inc.
• Greenstone LLC
• Prasco Labs
• Pharmacia & Upjohn

These drug manufacturers made, sold, distributed, or designed the following:

• Depo-Provera
• Medroxyprogesterone acetate (MPA)
• Depot medroxyprogesterone acetate (DMPA)

Her lawsuit names defendants who produced the brand-name drug and authorized generic versions of the Depo-Provera injection.

Why Are There Multiple Defendants in This Case?

Kristina is suing Pfizer because they manufacture the brand-name version of Depo-Provera. She is also suing Pharmacia & Upjohn because they made the original version of the drug. Other companies—like Greenstone, LLC—are part of the lawsuit because they are currently making or used to make the authorized generic or brand-name version of the drug.

An authorized generic is identical to the brand-name drug. The only difference is companies sell it as a generic equivalent versus the brand name. Companies who sold generic versions of Depo-Provera had to demonstrate the generic version contains the same active ingredients and is biologically equivalent. A company must get permission from the brand-name manufacturer and the FDA before selling a generic or authorized generic.

FDA Approvals of DPMA

The FDA approved the use of Depo-Provera as a contraceptive in October 1992. Upjohn submitted the original application. Pfizer purchased Pharmacia & Upjohn and received the rights to the brand-name drug Depo-Provera in 2002. Greenstone, Viatris, and Prasco have permission to sell the authorized generic versions of Depo-Provera. Since the brand name and authorized generic versions of the drug carry equal risk to women, more pharmaceutical companies may face lawsuits.

Schmidt’s Accusations Against Depo-Provera Manufacturers

Kristina thinks the pharmaceutical companies did not do enough research into the risks to patients using Depo-Provera. Additionally, Kristina believes Pfizer and other companies knew about the increased chance of developing an intracranial meningioma when taking Depo-Provera. For example, page 2 of Pfizer’s European label warns women that they may get an intracranial meningioma if they take Depo-Provera. However, the U.S. warning label doesn’t include this information. Kristina also says that the drug companies should have used a lower dose of the medication, which appears to carry much less risk.

The Counts Listed Against Pfizer in the First Depo-Provera Brain Tumor Lawsuit

In her complaint, Kristina accuses the drug companies of making mistakes that harmed her. Each accusation is called a count. Here are the counts that Kristina makes against the drug companies:

• COUNT I Title: Strict Liability – Failure to Warn
• COUNT II Title: Strict Liability – Design Defect
• COUNT III Title: Negligence
• COUNT IV Title: Negligent Failure to Warn
• COUNT V Title: Negligent Design Defect
• COUNT VI Title: Negligent Misrepresentation
• COUNT VII Title: Fraudulent Misrepresentation
• COUNT VIII Title: Breach of Express Warranty
• COUNT IX Title: Breach of Implied Warranty

Kristina says the defendants knew or should have known that Depo-Provera was dangerous for women to take. She believes they should have warned women in the U.S. about how taking Depo-Provera can cause intracranial meningiomas. Kristina also says the drug companies should have used a safer, low-dose alternative instead of the high-dose, deep-muscle shot. She also says the pharmaceutical businesses were not truthful about the risks of Depo-Provera when they marketed and recommended the drug to consumers and physicians.

What Damages Is The Plaintiff Seeking in Her Depo-Provera Lawsuit?

Kristina requests money to compensate her fully for her losses. These losses include expenses and lost income because of the injury. Kristina also asks for whatever money the law may allow her to recover, including attorney’s fees and court costs. She also asks the court to punish the companies because of their actions. This is called punitive damages, and they are awarded when a defendant’s conduct is considered to be grossly negligent or intentional.

H3: Will The Plaintiff Receive An Award or Settlement for Her Lawsuit?

Kristina may receive a settlement or a judgment for her losses. In a settlement, the plaintiff and defendant discuss the case and decide to give the plaintiff a set amount of money instead of taking the case to trial. The lawsuit would end if they agreed to a settlement, and Kristina would get the settlement money.

If Kristina and the defendant drug companies can’t settle, they might continue the lawsuit in court. This would involve going to trial, where everyone gives legal arguments and presents evidence. At the end of the trial, the judge or jury (depending on what type of trial it is) decides who should win the case.

Kristina may get more money from a trial judgment instead of a settlement. But, going to trial is riskier because she might not win her case or receive an award.

What Are the Next Steps In Schmidt’s Depo-Provera Lawsuit?

Kristina started the lawsuit by filing the complaint. Now, the defendants will have a chance to respond. Then, each side may file motions, where someone asks the judge to do something or prevent the other side from doing something. A motion to dismiss, for example, asks the judge to throw out some or all of someone’s case.

Each side will participate in discovery, where everyone asks for and receives information from each other or anyone else who may have evidence about the lawsuit. For example, Kristina’s lawyers may ask about the drug safety tests or for records about the decision to have a different Depo-Provera label in Europe versus the United States.

During or after the discovery process, Kristina and the defendants may decide to go to trial or settle the case. Right now, Kristina and her lawyers are asking for a jury trial. They might choose to have a different kind of trial where the judge takes on the jury’s role. Or Kristina might decide to accept a settlement.

If Kristina wins her case, she could receive money to cover the medical bills she paid to address the intracranial meningioma. She might get a check to pay her back for the income she lost because of the brain tumor. The defendants may also have to give Kristina a financial award for her pain and suffering and pay a penalty for their mistakes.

Will There Be A Class-Action Lawsuit Against Depo-Provera for Brain Tumors?

Right now, Kristina has filed an individual lawsuit against the defendants. As more women come forward because of their injuries, they might file lawsuits of their own. If enough women sue, they could join together in a class action lawsuit or multidistrict litigation case against the pharmaceutical companies.

What To Do If You Took Depo-Provera and Developed An Intracranial Meningioma

If your story sounds similar to Kristina’s, you may be able to file a lawsuit to get compensation for your medical bills, lost income, and pain and suffering. Drug companies and physicians should warn consumers about the benefits and risks of taking Depo-Provera. If you took Depo-Provera for a year or longer and got a brain tumor, consider reaching out to our law firm to help build a case against those who harmed you. We understand the unique challenges of going up against large-scale operations like Pfizer and have a long history of success holding them accountable. We have the resources and knowledge to help you on this journey. Reach out to us today to set up a time to talk about your story and how we can serve you.

Frequently Asked Questions (FAQs)